BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/A-2023-00192 — Indigenous Services Canada
Office of the Information Commissioner of CanadaAccess to Information Act5823-03025Well-founded
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A-2023-00192 — Indigenous Services Canada

Organization: Indigenous Services Canada
Decision: Jan 13, 2025Published: Jan 13, 2025

The complainant alleged that Indigenous Services Canada (ISC) did not conduct a reasonable search for records concerning housing guides and criteria for Indigenous communities from 1960 to 1990. The Office of the Information Commissioner (OIC) found the search was initially unreasonable, as ISC failed to retrieve all relevant records. After further searches prompted by the OIC, 800 pages of responsive records were identified. The OIC ordered ISC to release records promptly, with a final response to follow.

  • Reasonableness of the search conducted by the institution.
  • Identification and retrieval of all responsive records.
  • Timeliness of interim and final responses to the access request.

Complaint well founded — disclosure ordered

The OIC determined that Indigenous Services Canada's initial search was not reasonable, as it failed to locate significant portions of responsive records. The institution only identified a substantial volume of relevant records after repeated prompting and searches directed by the OIC.

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Recommended action / remedy

Indigenous Services Canada was ordered to provide an interim release of records within 36 business days and a final response within 60 business days, after completing retrieval and processing of all responsive records.

Statutory provisions cited
  • s.30(1)(a) ATIA

This is an informational summary of a decision and not legal advice.